Archive Decision

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NZ Metro TC 19 October 2012 – R 3 (instigating a protest)

ID: JCA12935

Applicant:
N Ydgren - Stipendiary Steward

Respondent(s):
Mr S D Lethaby - Open Horseman

Information Number:
A5562

Hearing Type:
Protest

Rules:
Rule 869(8), The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:, (b)may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses,-, immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.

Meet Title:
NZ Metro TC - 19 October 2012

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2012/10/19

Race Number:
R3

Decision:

The protest is upheld. "Lee Van Cleef" is relegated to 10th position.

The amended placings are therefore:

1st Horse 6 "Classiesistar"

2nd Horse 8 "Bushrod"

3rd Horse 5 "Supreme Mach"

4th Horse 14 "Tomsincharge"

5th Horse 9 "Little Tess"

Dividends and stakes are to be paid in accordance with the amended placings.

Facts:

As the field approached the 1000 metres mark, "Lee Van Cleef" (SD Lethaby) shifted inwards and forced "Lively Tintara" (M Edmonds) over the pylons resulting in "Lively Tintara" breaking and losing its chances in the race.

The Judge's official placings were:

1st Horse 6 "Classiesistar"

2nd Horse 8 "Bushrod"

3rd Horse 7 "Lee Van Cleef"

4th Horse 5 "Supreme Mach"

5th Horse 14 "Tomsincharge"

The Stipendiary Stewards showed the video coverage of the incident to the hearing which demonstrated quite clearly how Mr Lethaby's actions had caused "Lively Tintara" to break from its gait, losing all chances. "Lively Tintara" finished 10th in a field of 11 runners.

Submissions for Decision:

The Stipendiary Stewards submitted that the evidence was clear and were of the view that "Lee Van Cleef" should be relegated accordingly.

Mr Lethaby advised the hearing that he did not contest the protest as he conceded that he had caused interference in the manner described.

Mr Edmonds did not have any submissions to make.

Reasons for Decision:

Because Mr Lethaby has admitted that interference was caused by his actions, and as a result of the clear video evidence we are satisfied that interference in terms of the provisions of the Rule has been satisfactorily established.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 6bc020c6a1e12850cbed526ca785ad35


informantnumber: A5562


horsename: Lee Van Cleef


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 04/10/2012


hearing_title: NZ Metro TC 19 October 2012 - R 3 (instigating a protest)


charge:


facts:

As the field approached the 1000 metres mark, "Lee Van Cleef" (SD Lethaby) shifted inwards and forced "Lively Tintara" (M Edmonds) over the pylons resulting in "Lively Tintara" breaking and losing its chances in the race.

The Judge's official placings were:

1st Horse 6 "Classiesistar"

2nd Horse 8 "Bushrod"

3rd Horse 7 "Lee Van Cleef"

4th Horse 5 "Supreme Mach"

5th Horse 14 "Tomsincharge"

The Stipendiary Stewards showed the video coverage of the incident to the hearing which demonstrated quite clearly how Mr Lethaby's actions had caused "Lively Tintara" to break from its gait, losing all chances. "Lively Tintara" finished 10th in a field of 11 runners.


appealdecision:


isappeal:


submissionsfordecision:

The Stipendiary Stewards submitted that the evidence was clear and were of the view that "Lee Van Cleef" should be relegated accordingly.

Mr Lethaby advised the hearing that he did not contest the protest as he conceded that he had caused interference in the manner described.

Mr Edmonds did not have any submissions to make.


reasonsfordecision:

Because Mr Lethaby has admitted that interference was caused by his actions, and as a result of the clear video evidence we are satisfied that interference in terms of the provisions of the Rule has been satisfactorily established.


Decision:

The protest is upheld. "Lee Van Cleef" is relegated to 10th position.

The amended placings are therefore:

1st Horse 6 "Classiesistar"

2nd Horse 8 "Bushrod"

3rd Horse 5 "Supreme Mach"

4th Horse 14 "Tomsincharge"

5th Horse 9 "Little Tess"

Dividends and stakes are to be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 869(8), The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:, (b)may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses,-, immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.


Informant: N Ydgren - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: M Edmonds - Open Horseman - Driver of Lively Tintara


Respondent: Mr S D Lethaby - Open Horseman


StipendSteward:


raceid: c2abee5a593a3d69b365d6cc1e19de8a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6af7867d5ff08671cc73c007df14d9c5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/10/2012


meet_title: NZ Metro TC - 19 October 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: KHales


meet_pm1: JPhelan


meet_pm2: none


name: NZ Metro TC